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The School Bulletin 

And New York State Educational Journal. 



EDITOKS. 
Hon. JONATHAN TENNEY, Deputy State Superint'd't. 
DANIEL J. PRATT, Ph.D., Ass't Sec'y Regents of the 

University. 
Prof. EDWARD NORTH, Hamilton Collegxj, 
HENRY B. BUCKHAM, Principal Buffalo State Normal 



-^ f LIBRARY OF CONGRESS,#-^ 

DA |) # >ol. 

T; ^ c ' .t rtfY J the 

first ^4h;in. 4o^MM W # ^^- 

schc I ^^ !y-^^ ^ # :ed. 

^1^ ^ UNITED STATES OF AMERICA, f i 

tab! ig<%,<%.^,'^<m.^''«>''^'^^^^>'%''^'^'^'^'^''^'^'S' ate 
Teachers' Association, and from its foundation one of the 
most successful of educational magazines, is now united 
with The School Bulletin, which thus becomes the only 
State journal published. 

Articles upon any subject relating to education are 
invited from all who have matured opinions to ex- 
press. They will be selected in no partisan or sectional 
interest, but Avith an effort to represent fairly and fully 
every phase of progressive educational thought. Prefer- 
ence will be given to those which are brief and pungent. 
SUBSCRIPTION, - ONE DOLLAR A YEAR. 

g^W° Address all communications to 

The School Bulletin, 

Syracuse, N. Y. 



What is said of the School Bulletin, Vol. I. 



I have come to regard the Bulletin as a valuable 
contribution to educational literature, judiciously 
meted out in monthly issues. It is the best State 
journal that I ever saw. — S. R. Wirvcliell, Principal 
Milwaukee High School and Editm^ of Public School 
Record. 

Your paper is spicy and sound too, I think ; and I 
should like it regularly. — Hon. John D. Philbrick., 
late Superintendent Schools, Boston. 

I was very much interested in your discussion of 
School Law, and trust you will continue to send your 
valuable periodical. — S, M. Etter, Supt. Public Inst. 
State of Illinois. 

A lively journal full of practical thoughts and 
sprightly sayings. Its news from the diif erent count- 
ies tends to give it a strong local claim, while its 
general discissions recommend it to the jjrofession 
at large. — The Normal Monthly^ Edward Brooks, 
Editor ; Millersnille, Pa. 

I have read with gi'eat interest the March number 
of The School Bulletin, especially the article con- 
cerning " Common School Law for Common Scho.ol 
Teachers." I should be pleased to have a file of the 
Bulletin in this office. — J. K. Jillson, State Supt. of 
Education, South Carolina, 

Have examined the copy of Bulletin sent me. It 
contains many able articles. Will you have the kind- 
ness to forward me the back numbers for 1875 ? I 
take pleasure in forwarding you one of my last annual 
reports. Very respectfully, J. W. Simonds, State 
Superintendent, New Hampshire. 

Enclosed please find one dollar for the Bulletin 
for 1875. I congratulate you on the success of the 
enterprise thus far. Few of the existing educational 
journals surpass the Bulletin in freshness, variety, 
and excellence of its articles, to say nothing of the 
County Items, a most valuable department. — E. H. 
Frisbee,. Principal Binghamton High School. 



y 



COMMON SCHOOL LAW" 



FOR 






RE-PBINTED FROM 

THE SCHOOL BULLETIN 

And New York State EducMioncd Journal. 



V 






ALBANY, N. Y. 
The School Bulletin. 

1S75. 



IT 



PREFACE. 



Some years ag-o, wMle principal of a union school in 
this State, the author petitioned the Board of Education 
to reduce the school-year from forty-two weeks to forty 
and thus close the term by the fourth of July. His argu- 
ments were courteo^isly received, and mig-ht have pre- 
vailed, had not the following- consideration been sug- 
gested : The expenses of the year had been heavy and 
it was desirable to secure as larg-e an appropriation as 
possible from the State ; as this would he jyivportional to the 
nwnber of weeks taught, it was deemed unadvisable to re- 
duce the leng-th of the school-year. And the school com- 
pleted forty-two weeks. Since the Code of Public In- 
struction plainly states (1864, 555,3,111 §7,55) that the 
apportionment shall be based, not upon the aggreg-ate 
but upon the average daily attendance, and since after 
the fourth of Julj' the average daily attendance decreased 
nearly one-half, thus considerably reducing the amount 
received for the year from the State, the ignorance of 
School Law displayed alike by teacher and bj' board Avas 
shameful. Yet the same error with the same result was 
committed last year in another and the largest school of 
the same county. 

This little treatise is not designed to be profound or 
exhaustive. It aims to present simply, clearly and ac- 
curately those features of common and statute law 
which are most important to teachei's. Where the law is 
definite, full references are given. Where decisioias vary, 
as in regard to the right of parents to control the studies 
of their children, views upon both sides are presented. In 
regard to matters left by law to the judgment of the 
teacher, the author has given expression to what he deems 
the most general and reasonable opinions. 

Thanks are due to the New York State Department of 
Public Instruction for many courtesies rendered, in- 



eluding free access to official records ; and to the Super- 
intendents of many States for copies of their school-laws 
and other favors. 

If this little book helps faithful teachers to know what 
the law requires and permits, it will accomplish its mission. 



ABBREVIATIONS. 



The references in the following pages are mostly 
these : 

(1.) To legal decisions in New York and other States, 
The authority is indicated by the number of the 
volume, the name of the author of the series of reports, 
and the number of the page. (10 Barbour 396,) indicates 
the 26th page of the tenth volume of Barbour's Reports : 
to be found in any law library. 

(2.) To Statute Laws of the State of New York. These 
are indicated bv three or four sets of figures : the first 
showing the year in which the law was passed ; the second 
the chapter of the laws of that year ; the third the section 
of the chapter or title : the fourth, if given, the title of 
the chapter. Thus, (1844, 311, 3) indicates the third section 
of the 111th chapter of the laws of 1844; while (1864, .555, 15, 
I) indicates the 15th article of the first title of the 
555th chapter of the laws of 1864. 

(3.) To Decisions of the State Superintendent. These 
are indicated by the initials of the Superintendent, and 
by the number of the decision as recorded in the Depart- 
ment of Public Instruction. __ ^ ,„„„ 

(4.) To the Code of Public Instruction edition of 1868, a 
copy of which is in the custody of the Clerk of every dis- 
trict in the State. This copy may be borrowed by any 
tax payer in the district and kept three days, except with- 
in five days of a school meeting. References to this 
volume are indicated bv full faced type showing the page 
quoted, and are frequently appended to other references. 
The remarks of the compiler, Superintendent V. M. Rice, 
are indicated by the initial R. Thus (R 3 5) indicates the 
remarks of Sunt. Rice, as found on page 35 of the Code. 
(1867, 21, 2, 283) indicates that section second of the 21st 
chapter of the laws of 1867, is given upon page 283 of the 
Code, Those Superintendents' decisions of which ab- 
stracts ai-e given in the Code are indicated by the initials 
and the number of the page only. (V. M. R. 335) indi- 
cates a decision of Superintendent Rice recorded upon 
page 335 of the Code. 



COMMON SCHOOL LAW 



COMiMON SCHOOL TEACHERS. 



1. liCgal Qualification. 

No person can contract or draw pay as a teacher in the 
public schools of New York, v/ho is not legally qualified 
by holding an unexpired and unannulled certificate of one 
of these five kinds, (186i, 555, 41 and 43, VII, 132.) 

I. A diploma from some one of the eight Normal 
Schools. 

II. A State certificate, granted Iby the State Superin- 
tendent. 

Til. A limited license granted by the State Superintend- 
ent. 

IV. A ceutificate granted by a legally authorized Board 
of Education. 

V. A certificate granted by a County Commissioner. 

Of the 29,464 teachers reported to the Superintendent in 
1873, 633 were thus licensed by Normal Schools, 1163 by the 
Superintendent, and 37,669 by local oflicers. 

(A) GRANTING OF LICENSES. 

I. To enter any Normal School, pupils must be sixteen 
years of age, of good health, good moral character and 
average abilities ; must be appointed by the State Super- 
intendent upon recommendation of a County Commission- 
er or City Superintendent ; and must pass a fair exami- 
nation in reading, spelling, geography, arithmetic as far 
as the roots, and the analysis and parsing of sentences. 
The shortest course occupies two years. Students may 
enter an advanced class, but must remain at least one j-ear 



2 Common School Lato. 



to receive a diploma. These schools are located at Albany, 
Oswego, Potsdam, Brockpoi't, Geneseo, Cortland, Fre- 
donia and Buffalo. A legal limit to the number of pupils 
received has been fixed, but has not yet been approached ; 
so that the schools are practically open to all who wish to 
fit themselves to become teachers. 

II. State certificates may be granted by the State Super- 
intendent "on the recommendation of any School Com- 
missioner or on other evidence satisfactory to him." 
(1864, 555, 15, 1. 15.)* ' 

III. Temporary licenses to teach, limited to any school 
commissioner district or school district, and for a period 
not exceeding six months, may be granted by the State 
Superintendent whenever, in his judgment, it may be 
necessary or expedient for him to do so." (1864, 555, 15, 1. 
16.) This power is rarely if ever, exercised. 

IV. The spfecial laws relating to the schools of several 
large cities,expressly confer the power of examining their 
own teachers upon either the board of education or the 
Superintendent. In these cities, such examination is a 
condition of contract, and must be submitted to even 
by those who hold diplomas or State certificates. (V.M. R. 
411.) Of course such examination qualifies the teacher 
only for the schools under direct control of the board of 
education who conduct it. 



*In definite requirements for State certificates, New York 
is wholly wanting. Ohio requires five years' successful 
experience in the school room and examination in Natural 
Philosophy, Physiology, Algebra, General History, Ge- 
ometry, Story on the Constitution, English Literature, 
and Theory and Practice of Teaching. Indiana requires 
a similar examination, with twenty-seven months' ex- 
perience, and superior professional ability certified to by 
eminent pei'sons well known to the Board. Illinois re- 
quires a similar examination and three years' experience. 
Kansas requires five years' experience, two of which have 
been in the State ; and attainments and professional skill 
for oi-ganizing, superintending and instructing a high 
school. Such attainments and skill to be evidenced by a 
satisfactory examination, partly oral but chiefly written. 



^egcd Q^mUficaUons. 



V. Certificates are g-ranted by School Commissioners to 
teachers Avithin their own districts. For this purpose, an- 
nouncements are made that upon a certain day and at 
at a designated place in each town, the Commissioners will 
be prepared to examine candidates. Further oppor- 
tunities are g-ranted as the Commissioner is makinc: his 
rounds of visits (R. 36) and at institutes. 

The law does not fix the standard of examination, and 
usage varies most lamentably. But the comments of 
Superintendent Rice (R. 30-37) and the decisions of the 
State Superintendent establish the practice substantially 
as follows : 

The teacher is examined (a) as to his moral character ; 
(b) as to his learning ; (c) as to his tact in instruction and 
management, (a). The candidate must present affirm- 
ative evidence of good moral character, (E. W. K. 410). 
Certificates should not be granted to persons addicted to 
drunkenness, (H. H. V. D. 410), to the use of intoxicating 
liquors (R. 30) or to profanity, (A. B. W. 2191). But the 
Commissioner must not consider the candidate's religious 
or political opinions (R. 30), or any feelings of personal 
dissatisfaction on the part of patrons of the school (V. M. 
R. 406). 

(b). There is probably not one Commissioner in the State 
who withholds certificates from all whom he knows to be 
insufficiently educated. Many attempt to create a de- 
mand for good teachers by cutting off the supply of those 
who are worthless, but cheap. Till such attempts are 
more universal and more vigorous, it will be farcial to 
quote these branches, set down by Superintendent Rice, as 
those upon which teachers must show " minute, accurate 
and extensive knowledge." 1. Definition of words. 2. 
Arithmetic. 3. Geography. L Use of Charts, Globes and 
School Apparatus. 5. English Grammar. 6. United States, 
English, Continental and Universal Histoi'y- "J"- Science of 
govei'nment, including a knowledge of the character and 
operation of our State and national governments. 



Common School Lmo. 



(c) . Certificates should be granted at first for a term not ex- 
ceeding a year, and a second one should not be granted to 
one unsuccessful through ill nature, petulance, or want 
of tact. (R. 31). Commissioners' certificates are of three 
grades. Those of the third gi-ade are temporary licenses, 
granted to novitiates and persons who, for lack of ex- 
perience or ability, have need to acquire the knowledge 
and skill necessary for higher positions. They are usually 
for the period of a year, and may be limited to a particular 
school (A. B. W. 3015). Those of the second grade, also 
for one year, are granted to those who have shown tact in 
instruction and management, but whose youth or limited 
education preclude their teaching the higher branches. 
Those of the first grade are for three years, and are grant- 
ed to those who have experience skill and acquaintance, 
with the entire range of common school studies. 

(B.) ANNULMENT OF LICENSES. 

As certificate of learning and of ability to teach. Nor- 
mal School diplomas and State certificates cannot be an- 
nulled, nor can the holder be subjected to further exami- 
nation (A.B.W.2191), except as a condition of contract, as 
by city boards, (V.M.R. 411). But diplomas. State certifi- 
cates and county certificates may be annulled by the Com- 
missioner of the district upon satisfactory e\adence 
against the moral character of the holder. Pre\'lous 
to such annulment, the teacher must be given reasonable 
notice [at least ten days (R. 35)] and an opportunity to de- 
fend himself (10 Barbour 396). The charges must be di- 
rect and positive ; if, of an immoral habit, one or more 
instances must be specified. Though intemperance is a 
sufficient charge, (H. H. V. D. 410, A. B. W. 1942) the an- 
nulment may be withheld where there is fair hope of re- 
form (A. B. W. 1907). A single profane expletive uttered 
out of of school and under sudden provocation, would 
not warrant annulment (A. B. W. 2003). 

Commissioners' certificates may also be annulled by the 
Commissioner of the district in which the holder is teach- 



Teacliers' ContracU 



ing-, for cleflciency in learning- or ability. Thus, a Com- 
missioner may annul a certificate given by himself three 
months before (A. B. W. 3194). The annulment may be ef- 
fected without notice if determined upon at a personal 
visit (V. M. E. 409), but only when the result of personal 
observation (C. M. 40^). Inability to maintain order is suf- 
ficient cause, but specially adverse circumstances must 
receive consideration (A. B. W. 1983.) Certificates may be 
annulled for unnecessary and cruel punishment, but not 
for choking- or severe blOAVs where resistance is encount- 
ered (V. M. R. 409.) 

Once in three months. Commissioners are required to 
report to the State Department the names of all teachers 
whose certificates have been annulled, with the cause of 
such proceeding-. 

II. Teaelici's' Contracts. 

In the matter of contracts with teachers, school trus- 
tees exercise authority almost unlimited. They must 
hire somebody for twenty-eig-ht weeks, but they may dis- 
regard the unanimous vote of the district as to the sex of 
the teacher (A. B. W- 1677), the wages paid (A. B. W. 1864), 
the conditions of the contract (A. B. W. 1738, 1831), and the 
individual selected (V. M. li. 395, 397, A. B. W. 1665, 
1753, 1803, 3114). The law punctiliously forbids a trustee to 
hire relatives within a given degree, but does not f oi-bid 
him to hire himself (V. M. B. 416). Upon the last day he 
holds office, a trustee may make a contract with a teacher 
which his successor must faithfully fulfil (A. B. ^\. 3345). 

(A) MAKING or CONTRACTS. 

(1) To enter into a legal contract to teach, the applicant 
m.ust possess two qualifications — one positive and one 
negative. 

(a) The applicant must hold a valid diploma, license, or 
certificate. (See Article I, page 1.) A teacher who enters 
school without being legally qualified violates his contract, 
and the same is not renewed hj his obtaining a certificate 



Common School Law. 



subsequently, unless a ncAV contract is made (V. M. K. 
410). 

(b) The applicant must not be related to the trustee, or 
to any one of the three, as grandfather, father, son, gi-and- 
son, brother; or as husband of grandmother, mother, 
daughter, grand-daughter, or sister; or as grand- 
mother, mother, daughter, grand-daughter, sister ; or as 
wife of grandfather, son, grandson, or brother. This 
prohibition cannot be evaded by the trustee's delegating 
the hiring of teachers to his associates (A. B. W. 1825, 2217) 
or to the principal of the school (A. B. W. 2081). But it 
may be waived by the approval of two-thirds of the voters 
at a district meeting (R. 144). This prohibition does not 
apply to trustees of Union Schools (V. M. R. 401). 

(2) Every district in the State has either one trustee, or 
three, or (temporarily) two. 

(a) If there be but one trustee, it is only necessary that 
the contract be clearly understood and definitely ex- 
pressed. Though the law does not demand that it be 
written, the Department recommends it (R. 141) and half 
the disagreements arising between teachers and trustees 
would be prevented by it. (A. B. W. 1978, 1983, 2008, 2055' 
etc.) 

(b) If there be three trustees, the law explicitly requires 
that the contract be made by a majority and at a meeting, 
of which all three have been notified (R. 134, 135; V. 
M, R. 39T, 398). The consentof the three trustees sepa- 
rately makes no contract (E. W, K. 391). A contract 
made by two trustees in the absence of the third from the 
district may be annulled at any time by a majority of the 
three (E, W. K. 400). But a contract may be made by 
two trustees when authorized by the third (A. B. W. 1910) ; 
or by one trustee when authorized to act as agent for the 
three (E. W. K. 399 ; 15 Barbour 323). A contract made 
by two trustees without consulting the third may be rati- 
fied at a subsequent meeting (H. H, VD. 400) ; and ^a 
tacit concurrence of the third trustee (A. B. W. 1919), or 
even of two trustees where the bargain is made with the 



Teaoliers' Contracts. 



third in g-ood faith (H. H. VD. 398) ratifies a fulfilled 
contract. 

(c) Where the district has two trustees, in its transition 
from three trustees to one, the contract should be made at 
a meeting of both. But when one gives to the other diie 
notice of a meeting which the other neglects to attend, a 
contract of the one with a teacher satisfactory to the in- 
habitants of the district may be approved (H. H. VD. 
400). 

(B) CONDITIONS OF CONTRACTS. 

Contracts should be specific upon three points : 
(1) Duration. This may be either conditional or 
definite. 

(a) If hired "during the satisfaction of the district" the 
teacher may be dismissed unless he can prove that satis- 
faction exists (A. B. W. 1845). But if hired for one month, 
to continue if satisfactory, and not discharged at the end 
of the month, he cannot be subsequently discharged with- 
out other cause (H. H. VD. 404). 

(b) Contracts may be made for a certain number of 
months, weeks or days ; though the Department recom- 
mends that it be by the week (R. 141). The month is re- 
garded as a calendar month ; "from a given day in one 
month to the same day in the following month." * (E. W. 
K. 402.) 

(c) Unless otherwise specified, the contract requires no 
school upon Saturdays, Sundays, Jan. 1st, Feb. 22d, May 
30th, July 4th, Dec. 35th, any general election day, or any 
day appointed by the Governor or President for thanks- 
giving, fasting, prayer or other religious observance. (V. 
M. R. 402 ; 1873, 5T7, 1.) And for these days no deduction 
from wages is to be made. But if the teacher keeps the 
school open on a holiday, he is not entitled to have snch 
day's service counted in lieu of another day not a holiday, 
except by agreement with the trustees (V. M. R. 402). 

* In New Jersey, Ohio, Michigan Iowa, Kansas and other States, 
lour weeks of five school days each constitute a month. In Wis- 
consin and Pennsylvania, tweniy-two school days makes a legal 
month. 



Common School Laio. 



(d) 111 allotting school money, the statute allows that a 
deficiency of not more than three weeks in the twenty- 
eight be excused Avhen such deficiency was caused by the 
attendance of the teacher at an institute during his term. 
The trustees may allow the teacher his time ornot, as they 
shall elect. (V. M. R. 402.) 

(2) The Teacher's Duties —To be entitled to the fulfilment 
of the contract, the teacher must fulfil these obligations- 

(a) To keep a successful school. (What is implied in this 
phrase is indicated upon the next page, (C c). 

(b) To keep school upon every school-day. Absence for 
a single day without consent of trustees annuls the con- 
tract (H. H. VD., V. M.R. 406), even though the consent 
of one of three trustees has been obtained (A. B. "W. 1751). 
A teacher voluntarily leaving before the close of the term, 
though at the request of the trustees, can recover wages 
only for time taught (E. W. K. 403). A teacher finding 
the school house locked against him, and leaving Avithout 
application to the trustees, abandons the contract (H. H. 
VD. 405). But a teacher lea\inj liis school because not 
sustained by the trustees in the enforcement of reasonable 
rules is entitled to wages for the time taught (H. H. VD. 
405). 

(c) To fill the blanks in the School Register, to preserve 
it, to verify its correctness by oath, and to deliver it to the 
district clerk. If the Register be lost by carelessness, the 
teacher is entitled to no pay for his services, but may draw 
pay if he can make oath that it Avas correctly kept, and 
lost or stolen through no fault of his (V. M. R. 411). 
Trustees may permit a teacher to fill up the blanks after- 
ward, if the district do not thereby lose its school money 
(A. B. W. 1713). 

Any other duties than these imposed upon the teacher, 
such as sweeping the school house, must be expressly 
stated in making the contract. The trustees cannot de- 
duct from the teacher's wages the sum they have paid for 
care of the school house (A. B. W. 2139). 



Anmdmejit of Contracts. 9 

(3) The Amount and Times of Payment. 

Contracts by the week are the most definitely under- 
stood, and payment once in four weeks is desirable when 
it can be made convenient. 

Payment must always be made in cash. Debts or notes 
due third parties, even the trustees, cannot be offset 
ag-ainst the teacher's wages (H, H. VD. 40'^.) 

(C) ANNULMENT OF CONTRACTS. 

A teacher once employed by trustees cannot be dis- 
missed during- the time for which he was to continue,with- 
out some violation of the contract upon his part (R. 142). 
But trustees may dismiss the teacher : 

(a) If he close the school upon any school-day. (See 
pag-e 8, B. 2, b.) 

(b) If his certificate be annulled, even though the annul- 
ment be plainly illegal and an appeal be made to the State 
Department (A. B. W. 2145). 

(c) If they are convinced that he is unfit for the place 
through incompetence or immorality.* Incompetence 
should be mai-ked to justify trustees in this action. One 
decision of the State Department upon an appeal for dis- 
missal reads thus : "The incompetence of the appellant I 
do not think so conclusively proved as to sustain the pre- 
sumption of a non-fulfilment of contract by him, 
though from the testimony on both sides, I am disposed 
to rate him considerably below the grade of a first-class 
teacher. Still the trustees can hai'dJy expect to get all 
the manly and scholarly virtues for $15 a month," and 

the appeal was sustained. (H. H. VD. 404.) 

But for trifling and irrelevant conversation oft indulged 
in and long continued v/ith the pupils in school hours; pry- 
ing and impertinent remarks in regard to domestic affairs ; 
low and, at the least, suggestively vulgar remarks to the 
older female pupils ; rude, boisterous and harsh language 
as a means of, or substitute tor, discipline— proved by 

* Pennsylvania, Illinois and Kansas give as causes for dismissa'': 
incompeLency, cruelty, negligence or immorality. Ohio : ineffi- 
ciency, neglect of duty, immorality or improper conduct. In- 
diana: incompetency, immorality.cruelty or general neglect of the 
business of the school. Iowa : incompetency, partialiiy or derelic- 
tion in the discharge of his duties. 



10 Common School Lwid. 

the testimony of his pupils mth circumstantial minute- 
ness, as well as for g-rosser forms of immoraKty, trustees 
may and should discharge the teacher (H. H. VD. 403.) 
For inflicting unjustifiably severe punishment upon pu- 
pils for comparatively slight offences, the teacher should 
be discharged as either incompetent to discharge his du- 
ties propeiiy as a teacher, or as wilfully regardless of 
them (A. B. W. 1793). 



III. The Teacher's Authority. 

(A) AS AGENT OF THE TRUSTEES. 

The general management of the school devolves by law 
upon the trustees, and in large towns is commonly regu- 
lated by their distinct orders. But in smaller districts, 
the trustees being often incompetent or indifferent, much 
of this authority is intrusted to the teacher or assumed by 
him. Yet it must never be forgotten that in regard to 
the Hours of School, the Course of Study, the Adoption 
of Text-Books, the General Regulations, and the Expul- 
sion of Pupils, the action of the teacher has no legal force 
until formally endorsed by the trustees. However un- 
bounded the confidence placed in him, a wise teacher will 
secure the sanction of the ti-ustees before he announces 
his own course as to any of these questions. 

I. The hours of school are usually six, three in the 
morning and three in the afternoon, with recesses in the 
middle of each session of ten minutes for the boys and 
ten minutes for the girls. Obvious hygienic requirements 
make recesses for each sex indispensable where the play 
grounds are not wholly distinct. It is becoming custom- 
ary to dismiss primary classes before the close of each 
session, and is usually advisable. But in these matters the 
teacher is expected to f oIIoav the usage of the district, 
unless authorized by the trustees to make changes. 

II. In this State, the power not only of selecting the 
branches to be taught in school, but also of requiring the 
pupils to pursue them, has been explicitly attributed to 
the teacher, subject to the control of the trustees. Thus 



Teachers and Trustees. 11 

composition may be required of all (A. B. W. 168T), and a 
g-irl may be expelled for refusing to declaim, even tho' her 
father has conscientious scruples against females' speak- 
ing in public (A. B.W. 1874), But this power should be exer- 
cised with moderation ; for though the courts of other 
States have, in many instances, sustained this view of the 
teacher's authority (38 Maine, 376 ; 33 Vermont, 234), yet 
the Supreme Court of Wisconsin has recently decided 
that parents have the privilege of limiting and naming 
the studies their children shall pursue in the public 
schools, providing they designate such studies as are there 
taught.* Pupils cannot be compelled to attend reUgious 
services (A. B. W. 1752 ; 1763). The law gives no authoritj', 
as a matter of right, to use any portion of the regular 
school-hours in conducting any religious exercise at which 
the attendance of the pupils is made compulsory (A. B. 
W. 1985). But in most communities in this State, opening 
the school with Bible-reading and some form of prayer is 
considered unobjectionable and desirable. 

III. Text-books may be changed by the trustees at any 
time, even contrary to the vote of the district (A. B. W. 
1693). In the majority of our country schools a deter- 
mined teacher can effect the adoption of anj^ new book. 
The abuse of this power has been a source of frequent 
and just complaint. Text-books are the teacher' stools, 
and should be of the best ; acquaintance with new books 
and new methods is an important part of the teacher's 
education. But changes should seldom occur and only 
for definite and demonstrable reasons. 

IV. It is a common custom to draw up, print and con- 
spicuously post a long series of regulations for the con- 
duct of pupils in the school-house and about the grounds, 
the practical effect of which is to suggest to them many 
forms of mischief which their iinaided ingenuity would 
never devise. It is only necessary here to remark that 
the law confers upon the trustees no power to inflict pe- 
cuniary fines (A. B. W. 2091) ; or to keep tardy pupils in 

* See appendix, page I. 



12 Common ScJiool Laic. 

the entry or outside the building, especially in cold weath- 
er (A. B. W. 1682). So far as these regulations pertain to 
the necessary discipline of the school, the authority is in 
the hands of the teacher, and though the methods em- 
ployed by him do not please the trustees, the teacher can- 
not he removed except for incompetence or cruelty. (E. 
W. K. 405). 

V. Trustees may expel pupils for open, gross immor- 
rality manifested by any licentious propensities,]anguage, 
manners or habits, though not manifested bj^ acts of licen- 
tiousness or immorality within the school (8 Cush. 164) ; or 
for such violent insubordination against reasonable and 
proper regulations of the school as to render it impossi- 
ble to maintain necessary discipline and order. (R. 1 32). 
Though this power is vested exclusively in the ti-ustees, 
yet a teacher may refuse to instruct large boys Avho treat 
her disrespectfull7^ and refuse proper obedience. '^ A fe- 
male cannot be expected to control large boys bj" physical 
force," (A. B. W. 1735). A boy expelled for impertinence 
should be readmitted if he apologizes (A. B* W. 169T) ; and 
cannot be required to apologize upon his knees (A. B. W. 
1960). 

If a pupil who has been suspended or expelled refuses 
to leave the building, the teacher or trustee may at once 
enter a complaint before any justice of the peace or citj' 
magistrate under (1864, 555, 3, XIIT, 234)Y*'hichreads thus : 

"Any person who shall wilfully disturb, interrupt or 
disqviiet any district school or school-meeting in session, 
* * * shall forfeit twejity-five dollars for the benefit of 
the school district."* 



SV. The Teaclier's Autliority. 

(B) AS RELATED TO THAT OF PARENTS. 

Except as to the power of compelling the pupil to take 
all the studies pursued by a certain class (see page 11, and 
reference to appendix) the relation of the teacher's author- 
ity to that of the parents may be considered definitely 
establish ed. 

* See appendix, page Xll. 



TeacJiers and Parents. 13 

(I.) The teacher does not derive his authority from the 
parents. He holds a public office created by the law. He 
is legally responsible only to the trustees who hire him. 
Between the teacher and the child the parent can 
personally interfere only by removing- the child from 
school. (14 Barbour 325 ; 23 Peck 324 ; 38 Maine 376.) 

(II.) The school-house is the school-master's castle. 
Upon this point the following- forcible statement is fully 
warranted : 

This old maxim of English law (5 Rep. 92) is as applicable 
to the school-master as to any other person who is in the 
lawful possession of a house. It is tji-ue that the school 
officers, as such, have certain rights in the school-house ; 
but the law will not allow even them to interfere with 
the teacher while he keeps strictly within the line of his 
dutj'. Having- been legally put in possession, he can hold 
it for the pui'poses and the time agreed upon ; and no 
parent, not even the Governor of the State, nor the Presi- 
dent of the United States, has any right to enter it and 
disturb him in the lawful performance of his duties. If 

Sersons do so enter, he should order them out ; and if they 
o not go, on being requested to do so, he may use such 
force as is necessary to eject them. And if he finds that 
he is unable to put them out himself, he may call on others 
to assist him ; and if no more force is employed than is 
actually necessary to remove the intruder, the law will 
justify the teacher's act and the acts of those who assisted 
him. (27 Maine 266 ; 1 City Hall Rec. 55 ; 2 Met. 23 ; 6 Bar- 
bour 608 ; 8 T. R. 299 ; 2 Ro. Abr. 548 ; 3 Selk. 641 ; 1 C. & P. 
6 ; 8 T. R. 78 ; Wharton's Am. Criminal Law, 1256.) {The 
Lawyer in the School-Room, 1871, p. 120.) 

In this State, the teacher's best defence against querul- 
ovis or insulting visits of parents to the school-room is 
found in that provision of the statute already once 
quoted : (1864, 555, 3, XIII, 234.) 

Any person who shall wilfully disturb, interrupt or dis- 
quiet any district school * * * shall forfeit twenty-five 
dollars for the benefit of the school district. 

It shall be the diity of the trustees of the district, or the 
teacher of the school, and he shall have the power to 
enter a complaint against such offender before any justice 
of the peace of the county * * * The magistrate * * 
shall thereupon * * cause the person to be arrested 
and brought before him for trial. 

The efficacy of this remedy against disturbance in the 
school-room should be more generally imderstood by 
teachers. The law is explicit, and any justice of the peace 



14 Common Bcliool Law. 

is oMiged upon complaint of the teacher, to bring the 
guilty party to trial.* 

(III.) In regard to what transpires bj^ the way in going 
to and returning from school, the authority of the teacher 
is concurrent with that of the parent. To this point, we 
find in the decisions of this State but a single reference— 
the following paragraph in a Digest of the Common School 
Sj^stem of the State of New York, S. S. Randall, 1844, p. 
362: 

The authority of the teacher to punish his scholars, ex- 
tends to acts done in the school-room, or play ground, 
only ; and he has no legal right to punish for improper or 
disorderly conduct elsewhere,— Per Sipencer Sup't. 

This opinion is not sustained by legal decision in anj' 
State. (33 Vermont 120 ; 8 Cush. 164 ; etc.) The law upon 
this subject is well summed up bj^ Superintendent Briggs 
of Michigan, in The School Laws of Michigan, 18T3, pp. 
204-206 : 

First— In the school-room, the teacher has the exclusive 
control and supervision of his pupils, subject only to 
such regulations and directions as may be prescribed or 
given by the school board. 

Second— The conduct of the pupils upon any part of the 
premises connected with the school-house or in the im- 
mediate vicinity of the same (the pupils being thus 
virtually under the care and oversight of the teacher), 
whether within the regular school-hours or before or 
after them is properly cognizable by the teacher. And 
any disturbance made by them within this range, in- 
juriously affecting in any way the interests of the school, 
may clearly be the subject of reproof and correction by 
the teacher. 

Third— In regard to what transpires by the way in going 
to and returning from school, the authority of the teacher 
may be regarded as concui-rent with that of the parent. 

* If any parent, guardian, or other person, from anj' 
cause, fancied or real, visit a school with the avowed in- 
tention of upbraiding or insulting the teacher in the 
presence of the school, and shall so upbraid or insult such 
teacher, such person, for such conduct, shall be liable to 
a fine of not more than twenty-flve dollars. (Scliool haw 
of Indiana, 1873, p. 57.) 

Any parent, guardian, or other person, who shall up- 
braid, insult, or abuse any teacher in the pi'esence of the 
school, shall be guilty of a misdemeanor, and be liable to 
a fine of not less than ten nor exceeding one hundred 
dollars. (School Law of Califmmia, 1866.) 



Teachers and Parents. 15 



So far as offences are concerned for which the pupils 
committing them would be answerable to the laws, such 
as larcency, trespasses, etc., which come particularly 
within the category of crimes against the State, it is the 
wisest course generally for the teacher (whatever be his 
legal power),* to let the offenders pass into the hands 
of judicial or parental authority, and thus avoid 
being involved in controversies Avith parents and 
othei-s, and exposing himself to the liability of being 
harassed by prosecution at law. But as to any mis- 
demeanors of which the pupils are guilty in pass- 
ing from the school-house to their homes, which di- 
rectly and injuriously affect the good order and gov-ern- 
ment of the school, and the right training of scholars, 
such as truancy, wilful tardiness, quarrelling with other 
children, the use of indecent and profane language, etc., 
there can be no doubt that these come within the juris- 
diction of the teacher, and are properly matters for dis- 
cipline in the school. A recent decision of the Supreme 
Court of Vermont illustrates and fully accoi'ds with the 
foregoing positions. The Court decided that such mis- 
demeanors have a direct and immediate tendency to 
injure the school by subverting the teacher's authority, 
and begetting disorder and insubordination among the 
pupils. The same doctrine is substantially recognized by 
the Supreme Courts in some other States. * * * The 
governing principle in all cases like the Vermont case is, 
that w/iateuer in the misconduct of irapils under like circum- 
stmices, as to time andjylace, etc., has a direct tendency to injure 
the school in its important interests, is properly a subject of 
discipline in the school. 

It is sometimes objected to the foregoing vieAvs that the 
responsibilities of teachers are in this way enlarged to an 
Improper extent ; that if their authority extends beyond 
the school-house limits and the school-hours, their re- 
sponsibilities must be increased in a corresponding ratio. 
But to this it may be answered, that the matter is to have 
a reasonable construction ; that it cannot be expected 
that a teacher will follow his pupils into the streets to 
watch their conduct when beyond his view and inspection ; 
the extent of his duty in this respect can be only to take 
cognizance of such misconduct of his pupils, under the 
supposed circumstances, as may come to his knowledge 
incidentally, either through his own observation or other 
proper means of information. 

Foitrt^i— Teachers may, at their discretion, detain schol- 
ars a reasonable time after the regular school hours, for 
reasons connected with the discipline, order or instruction 
of the school. This practice has been sanctioned by general 

* The teacher cannot punish a pupil for refusing to 
confess a crime for which he might be punished at law. 
Public School Acts of Rhode Island, 1857, p. 53. 



16 Common Scliool Lmo. 



and immemorial usag-e among' the schools, and by the 
authority and consent of school hoards, expressed or im- 
plied, and has been found useful in its influence and 
results. There is no law defining- precisely school hours, 
as they are termed, or the hours within which schools are 
to be kept . This is regulated by usag-e, or by the directions 
of school boards, varying- in different localities, and also 
in different seasons of the year. The practice under con- 
sideration, of occasionally detaining pupils after the reg-u- 
lar school hours for objects connected with the school 
arrang-ements, rests upon precisely the same authority. 
The same superintending power that regulates the one, 
does the same thing in the other ; yet, the right in ques- 
tion should always be exercised by teachers with proper 
caution and a due regard to the wishes and convenience 
of parents. 

This subject of the relation of teachers to parents we 
have treated at considerable length, because it is commonly 
misunderstood. The teacher should feel that he is not a 
hired servant of the individual inhabitants of the district, 
to be criticised and thwarted and at the best but tolerated. 
He has legal rights, and no inconsiderable legal authority ; 
he should deserve and demand the respect due the dignity 
of his office. "-Puli olf thy hat, Sire,"said the schoolmaster 
to Charles II, "for if my scholars discover that the king is 
above me in authority here, they will soon cease to respect 
me." 



V. The Teaciier's Autliority. 

(C) CX^RPORAL rUNISITlNIENT. 

Paragraph 81 of the present school law of JSTew Jersey 
reads as follows : 

And he it enacted. That no teacher shall be permitted to 
inflict corporal punishuient upon any child in any school 
in this State. 

Some cities, notably New York and Sja^acuse, in Uke 
manner forbid corporal punishment in their own schools. 
Other cities like Chicago, permit corporal punishment but 
discourage it. In the great majority of schools, the 
teacher has the right, confei-red by usage and confirmed 
by legal decision, to enforce discipline by means of cor- 
poral punishment. 



Thus the School Laws and Decisions of Pennsijlvaiiia (1873) 
proclaims, p. 53; 

The right of the teacher to inflict such punishment is 
founded upon the necessity of the case and not upon 
statute. It is absolutely necessary that good order should 
be maintained in schools, and that all proper rules, reg-u- 
lations and commands of the teacher should be strictly 
and promptly obeyed. Hence a necessity exists for suf- 
ficient power to enf oi'ce this duty, and thei'efore it is held 
that the teacher may inflict such reasonable corporal 
punishment upon the pupil as the parent might inflict for 
a similar case. 

Among the Opinions and Decisions appended to theiV'cM; 
School Law of Licluma, (1873) we find the law summed up 
in these paragraphs, pp. 87-88 : 

"1. A school teacher, while in the school-room, is 
responsible for maintaining good order, and he must be 
the judg;e to some extent, of the degrees and nature of 
the punishment required when his authority is set at de- 
fiance ; and although he will be held amenable to the law 
for any abuse of this discretion, still he will not be held 
liable on the ground of excessive punishment unless the 
punishment is clearly excessive, and would be held so in 
the judgment of reasonable men. 

" 3. A teacher, in the exercise of the power of corporal 
punishment, must not make such power a pretext for 
ctaielty and oppression ; bvit the cause must be sufiicient, 
the instrument suitable, and the manner and extent of 
the correction, the part of the person to which it is ap- 
plied, and the temper in which it is inflicted, should be dis- 
tinguished with the kindness, prudence and propriety 
which become the station. 

"3. A school teacher is liable criminally if, in inflicting 
punishment upon his pupil, he goes beyond the limit of 
reasonable castigation, and, either in the mode or degree 
of cori-ection, is guilty of any unreasonable or dispro- 
portionate violence of force : and whether the punish- 
ment was excessive under the circumstances, is a question 
for the jury. 

■•'4. A parent is justified in correcting his child by ad- 
ministering corporal punishment, and a school master, 
under whose care and instruction a. parent has placed his 
child is equally justified in similar correction ; but the 
correction in both cases must be moderate and given in a 
proper manner. 

"5. As to the spirit in which the punishment mlustbe 
administered by the teacher, I would say it should not be 
in malice, and for the purpose of gratifying a malicious 
feeling, but in a proper spirit,Avith the sole object of main- 
taining his authority and preserving the order and de- 
corum of his school ; and even when inflicted in this 



18 Common Sclwol Law. 



spirit, it must not be excessive or inhuman for such ex- 
cess, the party inflicting it, will be guilty of assault and 
battery." 

In New York, the compilation of Decisions of the Su- 
perintendent of Common Schools, published by Supt, 
John A. Dix in 1837, contained this opinion (pp. 101, 103,) 
which has since been regarded as authoritative in this 
State, (Common School System, S. S. Kandall, 18M, p. 263 ; 
S. Y. 408) : 

" If a teacher inflicts unnecessarily severe punishment 
upon a scholar, he is answerable in damages to the party 
injured. * * ^- With regard to the right to punish, no 
general rules have been laid down, and it would be dif- 
ficult, if not impossible, to. make any Avhich would be 
applicable in every case. The practice of inflicting cor- 
poral punishment upon scholars in any case whatever, has 
no sanction but usage. The teacher is responsible for 
maintaining good order, and he must be the judge of the 
degree and nature of the punishment required, whei-e his 
authority is set at defiance ; at the same time, he is liable 
to the party injured for any abuse of a prerogative which 
is wholly derived from custom." 

Another decision in the same volume, p. 145, shows the 
view then held by Gov. Dix as to the alternative of 
punishment and expulsion. 

" A teacher must, for the purpose of maintaining 
proper order and discipline in his school, have a right to 
employ such means of correction as he may deem neces- 
sary to the accomplishment of the object. For any 
unnecessary or excessive severity he would be answei-- 
able in damages in a suit of laAv to the person aggrieved. 

'' A teacher ought not, I think, to dismiss a scholar from 
school. From the nature of the common school system, 
teachers are, as a general rule, bound to receive and in- 
struct all children sent to them. If a scholar is so re- 
fractory that he cannot be managed, and his dismission 
becomes necessary to the preservation of order, I think 
the teacher should lay the matter before the trustees for 
their direction : but not until the ordinary means of cor- 
rection had been fully tried and found unavailing." 

We believe this to be sound doctrine. While corporal 
punishment should be seldom necessary, the pupils should 
not know that the power to inflict it is taken from the 
teacher. Impertinence, for instance, always the utter- 
ance of a weak and cowardly nature, can be easily checked 
only by tke certainty of immediate and physically pain^ 



Corporal Punisliment, 19 



ful punishment. Deprivation of recess or extra tasks 
often develop it into conflrmed insolence, and expulsion 
follows. The boy whom one ting-ling- blow of the ferule 
mig-ht have saved, thus g-rows up in low-bred ig-norance. 
Instances like this we have Known ; and we do not believe 
that boards of education should take away this right of 
the teacher, or that teachers themselves should osten- 
tatiously renounce it. If the teacher has determined to 
maintain good order without the use of the rod, it does 
him honor and we wish him success. But let him keep 
his resolution to himself. There are pupils who fear onlj^ 
what hurts them, and they may bi'ing- about a crisis when 
only the rod, and that vig-orously applied, will maintain 
order in the school-room. 

No line can be drawn between the iise of the rod and 
its abuse ; but the following- eases will illustrate actual 
decisions : 

"Rachel Pendergrass kept a school for small children, 
and punished one of them with a rod to such an extent as 
to leave marks, all of which were likely to pass aAvay in a 
short time and leave no permanent injury. The judg-e in- 
structed the jury that if they believed that the child (six 
or seven years of age) had been whipped by the defend- 
ant at that tender age, with either a switch or other in- 
strument, so as to produce the marks descinbed to them, 
the defendant was guilty. The jury under this charge re- 
turned a verdict of guilty, and the case was afterward 
ai'g-ued in the higher courts. Here Judge Easton held 
teachers exceed the limits of their authority when they 
cause lasting mischief, but act within the limits of it when 
tkey inflict temporary pain. In this case, the marks were 
temporary and in a short time disappeared. No perma- 
nent injury was done to the child. The only appearances 
that could warrant the belief or suspicion that the cor- 
rection threatened permanent injury were the bruises on 
the neck and arms ; and these, to say the least, were too 
equivocal to justify the Court in assuming- that they did 
threaten such mischief. We think, also, that the jury 
should have been further instriicted, that however severe 
the pain inflicted, and however, in their judgment, it 
might seem disproportionate to the alleged negligence or 
olf ence of so young and tender a child, yet if it did not 
tend to produce or thi-eaten lasting mischief, it was their 
duty to acquit the defendant ; unless the facts testified 
induced a conviction in their minds that the defendant 
did not act honestlj' in the performance of duty, accord- 
ing to her sense of right, but under the pretence of duty 



20 Common 8g1iooI Law. 



Avas gratifying- malice. (3 Dever. and R. 3b5. Abridged 
from T7/e Lawyer in the School-room, pp. 77-81.) 

" Tlie facts appear to be tliat tlie pupil flatly refused to 
obey the teacher, by not taking- the seat he Avas directed 
to take. The teacher came toward the boy, intending- to 
compel him by force to take the seat assigned to him. 
The boy, Avith an oath, bade the teacher not come near 
him, and, as the teacher approached, ..the boy struck at 
him se\-eral times. Tha teacher caught the boy, and Avith 
force put him in his seat, the boy meantime kicking, 
striking, yelling- and SAvearing. To stop this outrageous 
and unseemly noise, the teacher took the most effectiA'e 
measure at his command ; he intercepted the passage of 
air betAveen the lungs and the vocal organs, long enough 
to suppress the distui'bance, but not long enough to 
injure the boy. But the boy AA^as not subdued by any 
such gentle restraint, for no sooner Avas he left alone than 
he ran out of doors. The teacher pursued and caught 
him, and brovTght him back to the school-room, not, it ap- 
pears, Avithout some considerable force, for the boy 
struggled Avith all his strength ; and it Avould really not 
be strange if in the struggle, he received some severe 
blOAvs. And for this the Superintendent is asked to annul 
the certificate of the teacher. I decline to do anything of 
the kind. The teacher, in the matter of the boy, did no 
more than he Avas compelled to do ; he might have done 
much more, and still be acquitted of inflicting cruel and 
unusual punishment. It Avas not cruel, and if it Avas un- 
usual, it Avas only so because the conduct of the boy Avas 
unusual. (V. M. R. 409.) 

A teacher, for an act of disobedience, ordered a boy, 
fifteen j^ears of age, to hold out a book of the ordinary 
size used in school, at arms length, Ica'cI Avith his shoulder. 
The boy, after holding it in that position from five to 
eight minutes, let it fall and said he could not hold it any 
longer On being ordered to hold it out again, he per- 
emptorily refused. The teacher, then, with a curled 
maple rule, OA^er twenty inches long, one and three- 
quarters wide, and half an inch thick, struck him from 
fifteen to twenty blOAVs on his back and thighs, and in so 
severe a manner as to disable him from lea A'ing the school 
Avithout assistance. A physician Avas called and found 
his back and limbs badly bruised and SAvollen. The teacher 
on the succeeding day sent him to a physician, Avho pro- 
nounced him '■'• A^ery badly bi-uised." It Avas ten or tAvelve 
days before he so far recovered as to be able to attend 
school. The Superintendent expresses his unqualified 
disappi'obation of a punishment so scA^ere and unreason- 
able. If the disobedience of the boy had been the result 
of sheer obstinacy and wilfulness it could not justify the 
infliction of fifteen or tAventy blOAVs Avith such a bludgeon, 
upon the back and thigh of a boy, disabling him for a 
fortnight. Such a measvire of punishment for such an 
offence would be sufficient ground for annulling a certi- 
ficate. (S.Y. 407.) 



In Logo Parentis. 21 



VII. Tlie Teaclicr's Aiitliority. 



(D.) IN LOCO PARENTIS. 

We conic noAv to a relation toward his pupil too broad 
and general to be defined by statute law, but referred to 
in common law under the expression in loco parentis— in 
place of the parent. Just now, there is a tendency to re- 
gard this phrase as a legal fiction, and to consider it the 
sole duty of the teacher to instruct in the branches laid 
down in the course of study. For instance, it is becom- 
ing common to forbid all exercises of a religious character. 
This action is usually prompted by a desire to anticipate 
and prevent demands for sectarian apportionments ; but 
some regard it as a first step toward relieving the teacher 
at once of the responsibility and of the right to control 
the pupils in any thing outside of their studies. The at- 
tention and the character of pupils and even their con- 
dvict while in school would be no concern of the teacher. 
If the child fails to comply with the prescribed regu- 
lations, their remedy would be simply to expel him. 

This view, emphatically set forth in a last month's maga- 
zine,* we believe no true teacher ever held. Our public 
schools were created to make not scholars, simply, but 
men and women. When education is confined to the im- 
parting of cei'tain branches of knowledge, it will have no 
claim to be maintained at public expense. Penmanship 
and physics taught where only the intellect is trained, are 
as likely to be the weapons of the forger and the burglar 
as they are to be the support of law-abiding citizens. 
Healthy care for the mind and body, a right purpose in 
life, sound and Intelligent morality— these are the lessons 
the public school should Instil ; beside them, arithmetic 
and grammar and geography are Incidential in import- 
ance. They must first be exemplified in the teacher's life, 
and thus become a continual lesson to every pupil. But 

*The National Teachers'' Monthly, for June, 1875. 



Common ScJiool Laic. 



this is not enough. The true teacher will know his pupils 
as individuals and will feel in each an interest which only 
the term parental describes. 

He sees among his pupils a slovenly hoy. Judiciously, 
quietly, here a little and there a little, he conveys hints 
which bear fruit in clean hands, blacked boots and brushed 
clothes. He notices a g-irl too showily dressed, and, choos- 
ing- his time, appeals to her kindness not to make her less 
wealthy neig-hbors uncomfortable. He observes a pale 
student who never g'oes out at i-ecess, invites him to a 
walk and impresses upon him the f vitility of cultivating 
the mind to the neglect of the body. He overhears the 
coarse expressions of a good-natured stable-bred young 
fellow, and finds occasion to point out to him that the 
only sure indication of cvilture is the language one uses. 
He finds untruth a prevalent vice. Not satisfied with 
general instruction, exhortation and reproof, he seeks 
out the individuals in whom it is most alarming, and im- 
presses upon each that the lie stamps the vitterer at once 
a coward and a fool. He sees in a pale face, and reserved, 
absent-minded manners, indications of a most common 
and deadly crime. Cautiously, kindly, but steadfastlj", he 
labors to save a life from ruin and a soul from perdition. 
These and such as these are the efforts which task the 
conscientious teacher. He dishonoi-s his prof ession who 
neglects them. 

We are told that this is a great deal to require ; that it 
demands of the teacher a combination of talents with 
common sense which would make him eminent in any 
profession. True enough : and why not ? The time has 
been when he became a teacher who lacked the brains to 
succeed at anything else. The time is V^oming when he 
shall become something else who lacks the brains to suc- 
ceed as a teacher. Away^with the narrow-minded notion 
that the teacher need only impai't square feet of prob- 
lems and linear yards of paradigms. No other profession 
exacts at once such versatility and such thoroughness ; 
such judgment and such insight into human nature j-sueh 



Ill Logo Parentis, 33 

sincere politeness and such honest manhood and woman- 
hood. The writer of these articles has been under the 
instruction of many teachers, in ungraded, grammar and 
high schools, in the academy, in the college and in the 
professional school. Among these teachers were learned 
men and noble men, whom he respects and reveres. But 
of them all, he recognizes but one as having exerted upon 
him a marked influence. Nor can he better close these 
articles than by quoting here a grateful reference which 
he made years ago to the truest teacher he ever knew— 
Rev. William Hutchison, noAv principal of Norwich 
(Conn.) Free Academy. 

" T can imagine no life more unsatisfactory than that of 
an incapable teacher. Bullied by the large boys ; himself 
a bully to the smaller ; jeered to his face ; insulted behind 
his back ; his school a bedlam ; his recitations a farce ; 
hired only because cheap— he draws his grudgingly paid 
stipend in the delusion that he is respectable because a 
professional man. 

" Such wert not thou, Zeus,— name fortuitously be- 
stowed, but applied in no disrespectful spirit, and 
cherished among the healthiest recollections of the past. 
Happy were we who sat at thy feet. Happy in sound and 
accurate instruction ; happy in the instilment of a love 
for thorough scholarship ; happy in the example and 
fellowship of one who was in every way a man. We were 
careless and Avayward; far less than we ought did we 
profit by thy teachings : but the most indifferent of us 
failed not to catch some warmth from thy glowing counte- 
nance, and the most earnest gladly acknowledge thy 
quickening influence. If it be noble to give one's every 
energy to his calling ; to Avrestle with bodily infirmity 
that one's duty be faithfully performed ; to persevere 
amidst perverseness and ingratitude in conscientious at- 
tention to the minds and characters of one's pupils ;— 
then wert thou a nobleman. And if it be a satisfaction 
to have wrought in all committed to thy charge a lasting- 
impression of the dignity of Christian manhood, then has 
thy life's labor been not unrewarded." 



IN 

New York School Law^ 

Chap. 567, Laws of 18T5. Passed June 9, 1875. 



THE STATE SUPERINTENDENT. 

(Section 4, Title I, page 3.) The salary is raised from 
$3,500 to »5,000. - ■ ■ ■ 

(5,1,3.) The yearly allowance for clerks is raised from 

$5,ooD to $9;ooo. ■ ' - 

[The appropriation bill for 1875 allows also $3,000 for 
salary of Deputy Superintendent, and five hundred dol- 
lars for travelling- expenses Of the Superintendent.] 

(7,1,4.) He is no longer ecfj-oj^cio chairman of the State 
Normal School ait Albahy . 

(9,1,5.) Blind persons of suitable age, and qualification, 
if residents of New York, Kings, Queens, Suffolk or Rich- 
mond' counties, are to be sent to the institution for the 
blind in the city of New York; those residing in other 
counties, to the institution at Batavia. .All siich ap- 
pointments, with the exception of those to the institu- 
tion at Batavia, shall' be made by the Superintendent upon 
application. ■•-•'' ... 

(15,1, 15.) State certiflcates may be granted by him only 
upon examination. He shall determine the manner iti 
Which such examinations shall be conducted, and may 
designate proper persons to condu.ct the same and re- 
port the rfesuitto him.' He may also appoint times and 
iolaces for holding such examinations, at least once in 
each year, and cause due notice thereof to be given. 

SCHOOL COMMISSIONERS. 

(Subdivision [1,] IS, 11, ^2.) Amended records of school 
district boundaries may be' made, if they are defective, 
indefinite, or in dispute. All necessary expenses incurred 
in establishing such amended records shall be a charge 
upon'the district or districts affected, to be audited and 
allowed by the trustee or trustees thereof, upon the cer- 
tificate of tiie school commissioner. 



Changes hy the Act of June 9, 1875. 25 



SCHOOL MONIES. 

(c,III,14.) "■' On the first working- day of each month, 
the Treasurer shall make to the Superintendent of Public 
Instruction a written statement of the condition of the 
free school fund, showing- the amount received and paid 
during- the preceding month, and the balance remaining- 
on hand. The bank in which such monies ai-e deposited 
shall furnish the Superintendent of Public Instruction a 
book, in which the olficers of such bank shall make en- 
tries of all sums deposited therein by the Treasurer, from 
time to time, to the credit of said free school fund." 

(6,111,43.) For city superintendents, instead of S500 
for each member of Assembly to which the city is en- 
titled, $800 shall be apportioned to each of the cities of the 
State, which under a special act, employs a Superintend- 
ent of common schools, or a clerk of the Board of Edu- 
cation who does the duty of supervision ; and in case any 
city is entitled to more than one member of Assembly 
according to the unit of representation adopted by the 
Legislature, five hundred dollars for each additional 
member of Assembly, to be expended according to law, 
for the support of the common schools of the city. 

(14,111,48.) The school monies apportioned by the 
Superintendent shaU be payable April 1st, instead of 
Feb. 1st. 

(31,111,63.) " Whenever the olflce of a supervisor shall 
become vacant, by reason of the expiration of his term 
of service or otherwise, the county treasurer shall re- 
quire the person elected or appointed to fill such vacancy 
to execute a bond, with two or more sureties, to be ap- 
proved by the treasurer, in the penalty of at least double 
the sum of the school monies remaining- in the hands of 
the old supervisor, when the office became vacant, con- 
ditioned for the faithful disbursement, safe-keeping and 
accounting for such monies. But the execution of this 
bond shall not relieve the supervisor from the duty of 
executing the bond first above mentioned." 

( [1,] 6, IV, 69.) Library monies apportioned to the dis- 
trict, if they do not exceed |3, and library monies made 
so applicable by the approbation of the State Superin- 
tendent, are no longer classed with those applicable to 
teachers' wages. 

( [3,]6,IY,69.) This section now reads: " To disburse the 
library monies upon, and only upon, the written orders of 
a sole trustee, or of a majority of the trustees." 



26 Common School Law. 

FORMATION OF SCHOOL DISTRICTS. 

(9.VI,S9,) The residue after the sale of the property 
of a dissolved district shall be divided among the owners 
or possessors of taxable property, instead of among- the 
taxable inhabitants. 

SCHOOL, DISTRICT MEETINGS. 

(6, VII, 9 6.) No business shall be transacted at a special 
meeting-, except that which is specified in the notice. 

(9,VII,9'?'.) " If the district possesses no school-house, 
or if the school-house shall be no long-er accessible, then 
the annual meeting- shall be held at such place as the 
trustee, or if there be no trustee, the clerk, shall desig-- 
nate in the notice." 

( ['7,] 16, VII, 104.) The inhabitants at district meetings 
shall have power to vote a tax to improve, as well as to 
lease or purchase school-house sites. 

(19, VII, 121.) Instalments for building, hiring or pur- 
chasing school-houses may be extended ten years instead 
of five. " For the purpose of giving effect to these pro- 
visions, the trustees are hereby authorized, whenever a 
tax shall have been voted to be collected in instalments 
for the pui*pose of building a new school-house, to borrow 
so much of the sum voted as may be necessary, at a rate 
of interest not exceeding seven per cent., and to issue 
bonds or other evidences of indebtedness therefor, which 
shall be a chai-ge upon the district, and be paid at ma- 
turity, and which shall not be sold below par ; due notice 
of the sale of such bonds shall be given at least ten days 
prior thereto, of time and place of such sale." 

SCHOOL TRUSTEES. 

(50,VII,146.) A vote of the district shall be required 
either to expend a sum not exceeding fifty dollars in the 
erection of necessary out-buildings, where the district is 
wholly unprovided with such buildings ; or to purchase 
maps, globes, or other school apparatus. 
(66,VII1,70.) This section now reads as follows : 
School district taxes shall be apportioned by the trustees 
upon all i-eal estate within the boundaries of the district 
which shall not be by law exempt from taxation, except 
as hereinafter provided, and such property shall be as- 
sessed to the person or persons or corporation owning or 
possessing the same at the time such tax list shall be made 
out; but land lying in one body and occupied by the same 
person, either as owner or agent for the same principal, 



Changes by the Act of June 9, 1875. 



or as tenant undqj' the same landlord, shall, though situ- 
ated partly m two or more school districts, be taxable in 
that one of them in Avhieh such occupant resides. This 
rule shall not ai ply to land owned by non-residents of 
the district, and which shall not be occupied by an ag-ent, 
servant or tenant residing- in the disti-ict. Such unoc- 
cupied real estate shall be assessed as non-resident, and a 
description thereof shall be entered in the tax list. The 
trustees shall also apportion district taxes upon all persons 
residing- in the district, and upon all corporations liable to 
taxation therein, for the personal estate owned by them 
and liable to taxation. They shall also apportion the 
same upon non-resident stockholders in banks or banking- 
associations situated in their districts for the amount of 
stock owned by them therein, and upon individual bank- 
ers doing- business in their district in accordance with the 
provisions of chapter seven hundred and sixty-one of the 
laws of eig-hteen hundred and sixty-six. 

(69, VII, 183.) This section now reads as follows : 
When a district embraces parts of more than one town, 
it shall be the duty of the supervisors of such towns so 
in pai't embraced, upon receiving- a written notice from 
the trustee or trustees of such district, or from three or 
more persons liable to pay taxes upon real estate therein, 
to meet, at a time and place to be named in such notice, 
which time shaU not be less than five or more than ten 
days from the service thereof, and a place within the 
bounds of the towns so in part embraced, and proceed to 
inquire and determine whether the vahiations of real 
property upon the several assessment rolls of said towns 
are substantially just as compared with each other, so far 
as said districts are concerned ; and if ascertained not to 
be so, they shall determine the relative proportion of 
taxes that ought to be assessed upon the real property of 
the parts of such district lying in different towns, and the 
trustees of such district slaall thereupon assess the pro- 
portion of any tax thereafter to be raised, according- to 
the determination of such supervisors, until new assess- 
ment rolls of the towns shall be perfected and filed, using- 
the assessment rolls of the several towns to distribute the 
said proportion among- the persons liable to be assessed 
for the same. In cases when such supervisors shall be 
unable to agree, they shall summon a supervisor from 
some adjoining town, who shall unite in such inquiring-, 
and the finding- of a majority shall be the determination 
of such meeting-. 

(75, VII, 1 87.) These clauses are omitted : 
" Or the taxes upon rents reserved in any cases in fee, 
or for one or more lives, or for a term of years exceeding- 
twenty-one years." 



— : , _ 

28 Common School Laio. 

(78,VII,190.) This section now reads. thus : 
Such account, affidavit and certificate shall be laid by 
the county treasurer before the board of supervisors of 
the county, who shall cause the amount of such unpaid 
taxes with seven per cent, of the amount in addition 
thereto, to be levied upon the lands of non-residents on 
which the sarfie were imposed ; and if imposed upon the 
lands of any incorporated company, then upon such qpm- 
pany ; and when collected, the same shall be returned to 
the county treasurer to reimburse the amount so ad- 
vanced, with the expenses of collection ; and if imposed 
upon the stock of a non-resident stockholder in a banking- 
association organized under the laws of Congress, then, 
the same, with seven per cent of the amount in addition 
thereto, shall be a lien upon any dividends thereafter de- 
clared upon such stock ; and upon notice by the board of 
supervisors to the president and directors of such bank, 
of such charge upon such stock, the president and direct- 
ors shall thereafter withhold the amount so stated from 
any future dividends upon such stock, and shall pay the 
same to the collector of the town duly authorized to re- 
ceive the same. 

(83,VII,193.) The collector's bond shall be approved 
by a majority of the trustees, instead of by one or more. 

SCHOOL DISTRICT LIBRARIES. 

(l,Vni,199.) The limit of the tax levied for the district 
library in any one year is fixed at fifty dollars instead of 
ten. 

Chap. 32'^, I.aws of 1875. 

INSTRUCTION IN DRAWING- 

Section 1. In each of the State normal schools the 
course of study shall embrace instruction in industrial or 
free hand drawing. 

§ 2. The board of education of each city in this State 
shall cause free instruction to be given in industrial or 
free hand writing in at least one department of the schools 
under their charge. 

§ 3. The board of education of each union school free 
school district incorporated by special act of the Legis- 
lature, shall cause free instruction to be given in indus- 
trial or fi-ee hand drawing in the schools under their 
charge, unless excused therefrom by the Superintendent 
of public instruction. 

«:§ 4. This act shall take effect October first, eighteen 
hundred and seventy-five. 



APPENDIX. 



The '^Viscousin Decision (HI, A, II, Pag-e 11,) 

A principle so important is involved in this decision, 
and the discussion of it is just now so general, that it may 
be well to supplement the reference made in this article 
t>y a fuller treatment of the legal right of parents to deter- 
mine the studies pursued by their children. 

A note in the School, Bulletin for April, read as fol- 
lows : 

Upon the 18th of November, 1873, the plaintiff, a quali- 
fied teacher under a contract with the District School 
Board, commenced teaching a district school in Grant 
county. The defendant, an inhabitant of the district, 
sent his son, a boy about 13 years of age, to the school. 
The defendant wished his boy to study orthography, read- 
ing, writing, and also Avishedhim to give particular atten- 
tion to the subject of arithmetic, for very satisfactory 
reasons Avhich he gave on trial. In addition to these stud- 
ies th^ plaintiff at once required the child to also study 
geography and took pains to aid him in getting a book for 
the purpose. The father, on being informed of this, told 
the boy not to study geography but to attend to his other 
studies, and the teacher was properly and fully advised 
of this wish of the parent, and also kncAV that the boy 
had been foi'bidden by his parent from taking that study 
at that time. But claiming and insisting that she had the 
right to direct and control the boy in respect to his stud- 
ies, even as against his father's wishes, she commanded 
him to take his geography and get his lesson. And when 
the boy refused to obey her and did as he Avas directed by 
hJs father, she resorted to force to compel obedience. 
All this occurred in the first week of school. ***** 
Under the circumstances, the plaintiff had no right to 
punish the boy for obedience to the commands of his 
father in respect to the study of geography. She entirely 
exceeded any authority Avhich the laAV gave her, and the 
assault upon the child Avas unjustifiable.— Decision of 
THE Court. 



The Supreme Court of Wisconsin has, in my estimation, 
rendered a valuable and timely service to the real inter- 
ests of common schools by this decision.— Hon. Newman 
Bateman, in Tenth Biennial Beport. The decision is 
so equitable in itself that we can only marvel at the obsti- 
nacy which permitted the question to come before a 
judicial tribunal.— Hon. E. E. White, in National Teacher. 

It seems that this opinion was not that of Hon. E. E. 
White, however, but was expressed by Rev. Dr. Moore, 
Avho supplied the editor's place for that issue. In the 
January number, Mr. White remarks that the editorial in 
question did not present his views upon the question ; 
adding : 

"In this case we can endorse his position with a qualifi- 
cation which we shall hereafter make." 

In the March number he continues : 

"A careful reading of the full text of the Wisconsin 
Decision on the rights of parents to determine the 
studies to be pursued by their children in school shows 
that it does not expressly deny the right of boards of 
education to prescribe the studies of pupils. The court is 
careful to say that 'this decision is not designed to interfere 
with the making of needful i-ules and regulations for the 
organization, gradation and government of the schools'— 
duties enjoined upon boards of education by the statute. 
What is denied, is the right of a teacher, in the absence of 
authority conferred by the board, 'to inflict cor%)orali^unish- 
ment upon the child for the purpose of compelling it to 
pvn^sue a study forbidden by the father.' * * * The 
court does, however, affirm the right of the parent 'to 
make a reasonable selection from the prescribed studies 
for his child to pursue,' and the inference is, that such 
'reasonable choice' should not be forbidden or denied by 
the rules of the board. The court does not say who shall 
decide that the parent's choice is reasonable. We learn 
from the Com mon School * that the Supreme Court of Iowa 
has decided that 'directors may determine what studies 
shall be taught in the school, but a parent may select, 
Avhich of such pi-escribed branches his child shall study.' 
This decision, if correctly reported, covers the whole 
ground, and is subversive of all proper classification and 
gradation of public schools. It is, at least, not easy to see 
how pupils can be divided into classes and transferred 
successively from room to room, if at every step in the 
course, parents have the sole right to select the studies 
Avhich their children shall pu rsue. * * To deny parents 

* This statement appeared in the Common ScJwol for De- 
cember 1814, but Avas incorrect, and has since been re- 
tracted, [Ed.] 



Upon Parents' Control of CMldren's Studies. 



all right to determine the studies of their children seems 
to us an opposite extreme. There are cases in which the 
wish of the parent should be both expressed and heeded. 
While it is neither necessary nor best for all pupils to take 
precisely the same course of study, it is necessary that all 
irregularity be under the direction and control of the 
school authorities. * * They must decide whether the 
request of the parent respecting the studies of his child 
can be granted without detriment to the school and conse- 
quent prejudice to the rights of other children. We 
believe that the course of study in public schools can be 
made flexible enough to permit all needful departures 
from uniformity." 

Assistant Superintendent Pradt, of Wisconsin, expressed 

the following official opinion of this decision : 

"I should have held with the Circuit Court, that the 
teacher, not as an individual, but as the representative of 
the school authorities, is justified in requiring the pupil 
to attend to the usual studies of his class, and that if ex- 
emption is granted in any special case, it should be, not at 
the demand of the parent as a right, but with the consent 
of the board. * * But if the teacher, who very likely 
was young and inexperienced, had been thoughtful enough 
to refer the matter to the board, and the board had sus- 
tained the position that all pupils must take all the studies 
of the class unless exempted on request of the pai-ent, as 
a favor, the question of paramount authority would 
have been raised in a more satisfactory Avay, and the 
judgment of the higher court woiild have covered a 
broader ground." 

Supt. F. S. Williams, of Wheeling, W. Va., thus con- 
cludes an article in the National Teacher: 

"If I mistake not, there is a provision in the school law 
of Ohio, to the effect that boards of education may pre- 
scribe the branches of study to be piu'siied in the schools 
of the state ; and in case a pupil by his own option or by 
the direction of the parent, shall refuse to pursue any 
study prescribed for a particular school or grade, the 
committee may direct that such pupil shall not be taught 
in other branches ; and, in the absence of such order, the 
teacher may refuse to instruct such pupil in other studies. 
Such, too, is the law in other states, and if I mistake not 
it is the law of the land." 

Supt. J. P. Wickersham, of Pennsylvania, prefaces a 
report of the decision with this remark : 

"We are not quite sure that the decision would be con- 
sidered good law in Pennsylvania, and yet it seems to rest 
on ground of considerable strength," 

He also quotes these conclusions of Supt. Bateman : 



The Wisconsin Decision 



"(1) Pupils can study no iDi-anch which is not in the 
course prescribed by the dii-ectors (trustees). 

(3) Pupils can study no branch of such prescribed 
course for which they are not prepared, of Avhich prepa- 
ration the teachers and directors shall judge. 

(3) Pupils shall study the particular branches of the 
prescribed course which the teachers, with consent of the 
directors, shall direct, unless honest objection is made by 
the parents. 

(4) If objection is made in good faith, parents shall be 
allowed to select from the particiilar branches of the 
prescribed course for which their children are fitted, 
those which they wish them to study ; and for the exercise 
of such right of choice the children shall not be liable to 
suspension or expulsion." 



"With a desire to ascertain the opinions of the best 
authorities upon this subject, we sent the above article to 
all the State Superintendents and to many other well- 
known educators. The replies vary remarkably, as will 
be seen by the letters appended : while not a few, whose 
letters we omit, confessed themselves unable to express a 
definite opinion. 

DEPARTMENT OF PUBLIC INSTRUCTION, \ 

SUPERINTENDENT'S OFFICE, 

1^ Grand Street, New York, May 34th, 1875. ) 

To the Editor of the "School Bulletin :" 

Dear Sir :— I am in receipt of yours of the ITth inst., 
enclosing an article in regard to the Common School Law 
as to studies in schools, and asking my opinion of the 
validity of Mr. Bateman's "Fourth Conclusion." 

The question involved has never been i-aised in this 
city, as far as I know ; that is, the right of the school 
authorities to prescribe by rules the studies to be pursued 
in the common schools, and to enforce such rules, inde- 
pendently of the wishes of parents, has never been ques- 
tioned. 

This appears to me to be the only sound policy ; since 
all classification would be at an end if every parent could 
dictate what particular branch of study his child should 
pursue or omit. Hence, I cannot think Mr. Bateman's 
conclusion valid. Respectfully yours, 

HENRY KIDDLE, City Supt. 

36 DARTMOUTH ST., i 

Boston, May 19th, 1875. f 
My Dear Bulletin : 

I cannot concur with Mr. Bateman in his 3d and 
4th conclusions. Who is to decide whether an objection 
is honest or not ? And besides, an objection may be honest 



but very unwise. If an objection is honest and at the 
same time manifestly unwise, must the school authorities 
and teacher yield ? I think not. Ig-norant parents may 
sincerely desire the best instruction for their children, but 
Avithout the requisite intelligence they are incapable of 
wisely directing- the education of their children. Again, 
in No. 4, "objection in good faith," amounts to the same 
thing. If objection from one is valid as against the school 
authorities, the objection of all is valid, and all classifica- 
tion is utterly abolished. No, the poAver to determine 
Avhat every scholar shall or shall not study must be in 
the hands of the authorities. But they should, and of 
course, will, as far as possible grant the privilege of devi- 
ation from the course to particvilar pupils, where they can 
do so to the advantage of such pupils, in their judgment, 
after being informed by parents of their reason for such 
deviation, and without too great detriment to the general 
interests of the class. Yours, very truly, 

JOHN D. PHILBRICK. 

OFFICE SUPERINTENDENT PUBLIC SCHOOLS. I 
St. Louis, May 20th, 1875. f 
Editor "School Bulletin:" 

Dear Sir : 

In reply to your query as to the question of the 
right of individual parents to choose the covirse of study 
for their children, I will say that only in the most rudi- 
mentary form of the country school can this be conceded, 
and there only by long established custom. In all schools 
where an attempt at grading is made such a right could 
not be allowed at all. Such a right conceded to parents in 
our towns and villages would prevent the possibility of 
any higher organization than the old fashioned ungraded 
school. Hence such powers have been vested in school 
committees, almost Avithout exception. 

Respectfully, 

WM. T. HARRIS. 
STATE OF VERMONT. / 

OFFICE OF SUPERINTENDENT OF EDUCATION, > 

Randolph, May 31, 1875. ) 
To the "School Bulletin :" 
Gentlemen : 

Your letter of the 17th, inst., is received with the 
enclosed proof of an article for your June number. 

Mr. Bateman's conclusion seems to me to be sound. 
And as stated in connection Avith his first three conclusions 
it seems to me to give to the school authorities all the 
poAver that should be granted to them. The schools, I 
suppose, are for the people; not the people for the schools. 
Very respectfully, 

EDWARD CONANT, Supt of Ed. 



The Wisconsin Decision 



STATE OF RHODE ISLAND AND PROVI- 
DENCE PLANTATIONS, 

DEPARTMENT OP PUBLIC INSTRUCTION, 

Providence, May 19th,l875. J 
To the Editor of "The School Bulletin ;" 

Dear Sir :— Your note of the 17th, enclosing notes on 
"School Law" is received, I have not the time, or dispo- 
sition at present, owing- to ill-health, to enter into anj- 
discussion of the subject referred to. 

In regard to the "Fourth Conclusion" I am, however, 
free to say, that I do not think it sound in practice, what- 
ever it may he in Wisconsin law. No social or political 
organization can exist for any length of time, where the 
individual has the power to assert his opinion above that 
of the majority. 

Should you publish anything relative to this subject I 
shovild be pleased to see it. 

I am yours very respectfully, 

THOS. B. STOCKWELL, Com. Public Schools. 

STATE OF NEW JERSEY. ) 

department or public instruction, > 
Trenton, May 33, 1875. ) 
In answer to your inquirj', I will state that Supt. 
Eateman's conclusions have no application in this state. 
Our school law provides distinctly that the text-books 
used and the course of study pursued in our public 
schools shal] be determined by the trvistees and the County 
Superintendent. Yours truly, 

ELLIS A. APGAR, State Supt. 

OFFICE OF THE STATE BOARD OF ) 
EDUCATION, [ 

Baltimore, May 19th, 1875. ) 
Messrs. Editors : 

Your favor of the 17th inst., duly received. We have no 
clause in our school law touching the points prescribed 
(Mr. Bateman's fourth Conclusion) and no decision of our 
courts. Under these cii'cumstances, should the question 
arise in Maryland it would be decided by the State Board 
of Education. 1 can not say in advance what the decision 
of the State Board would be in any given case, but I am 
prepared to advise the Board as follows : 

1st. The school law of the State presci'ibes the studies 
to be taught in the public schools. 

3d. the school law has placed all the details of the ad- 
ministration of school matters in the hands of certain 
constituted authorities. 

3d. No rights of dictation, interference, or control are 
reserved to parents, as such. 

4th. The Board of Trustees, or of School Commissionei'S, 
may, at their discretion, comply with the reasonable re- 



quests of parents respecting- the studies which their 
children shall take up or neglect. 

5th. The School Board is under no obligation to comply 
with the wishes of parents in this or any other matter. 

6th. It is contrary to public interests to allow parents 
any control in this matter. 

7th. When the State undertakes to perform any duty in 
behalf of a citizen, the rights of the citizen ax-e absorbed 
in the rights of the state. 

8th. A citizen has no more rig-ht to interfere in the man- 
agement of the schools than in the administration of the 
courts of justice. 

9th. If Mr. Bateman's fourth conclusion were carried 
out, it would cripple and probably disorganize the schools. 
Yours Truly, 

M. A. NEWELL. 

"School Bulletin" 

OFFICE OF ) 

STATE COMMISSIONER OF COMMON SCHOOLS, V 
Columbus, Ohio, May 36, 1875, ) 

Editor "School Bulletin :' ' 

Dear Sir :— You ask my views of the validity of Supt. 
Bateman's conclusions with reference to the rights of 
parents to determine the studies to be pursued by their 
children. 

If we admit Mr. Bateman's (1) conclusion as correct, we 
recognize a principal which, if carried out, may ignore 
the right of the parent to determine what studies his 
child shall piirsue quite as effectually as would a refusal 
to allow the parent to select from particular branches 
of a pi-escribed course, those studies he may wish his 
childi"en to study. 

The conclusion that "pupils can study no branch which 
is not in the course prescribed by the directors, " recog- 
nizes the directors, or Board of Education, as the proper 
authority to determine ivhat studies are best for children 
to pursue in the public schools. 

That the parent should have some voice in deciding 
what particular studies his child shall pursue, as also what 
course of training and instruction he shall receive, seems 
reasonable and right ; but, since individual wants cannot 
be completely supplied in the public schools, since the 
needs of the school or of the class which are (Common, 
demand the attention and time of the teacher to the over- 
looking of many individual needs, the parent must, from 
necessity, accept for his child that coui'se of study which 
Is thought best for all pupils. Any other course than this 
would overthrow all the many great benefits that are 
derived from gradation and systematic classification. 

The minutiae of individual interests and the demands of 
individvial capacity or of special or congenital adaptability 
cannot be closely attended to in the public schools, from 



the fact that masses, not individuals, must be looked after, 
and these masses frequently composed of the most hetero- 
geneous elements, ditfering in physical poAver, energy, 
ambition, habits, home-training and influence— indeed 
differing in every conceivable form and shade of differ- 
ence. 

Only by intelligent classification and frequent gradation 
can the wants of the class or of the school be approxi- 
mately supplied. If the teacher should be compelled to 
take time from his school to look after the wants of some 
individuals, even though these wants be apparent and the 
demand that they be looked after, seem reasonable, under 
other circumstances, the good of the school would be lost 
sight of and the many would from necessity suffer while 
the few Avere being benefited. 

The objections to the Wisconsin decision made by Supt. 
Williams, of Wheeling, are, I think, Avell founded. The 
difficulties mentioned as in the Avay of conceding to 
parents the right to determine Avhat studies their children 
shall pui'sue, have been found in the experience of ail 
teachers. 

That efficient classification and gradation be secured, it 
seems to me absolutely necessary that the board of edu- 
cation shall prescribe a course of study for all the pupils 
Avho attend or may attend the school, and that each pupil 
must study the branches of the prescribed course, luiless 
reasonable objection is made by the parents, and the 
board of education must be the authority to decide as to 
the reasonableness of the objection. 

If it is generally conceded by intelligent people that a 
passable acquaintance Avith the common English branches, 
as taught in our public schools, is necessary to success in 
any legitimate pursuit the child may folloAV in after 
life, then I conclude that the school authorities should 
heed no objection made by the parent against his child 
studying the branches of th# prescribed covu-se— except 
only that the child is physically unable to take the full 
course of study. Yours truly, 

CHAS. S. SMART. 

STATE OF MICHIGAN. 1 

^ DEPARTMENT OP PUBLIC INSTRUCTION, ! 

Office of Superintendent, f 

Lansing, May 25, 1875. J 
Editor 5f "School Bulletin," Albany, N. Y.: 

Dear Sir :— Yours of the 17th inst., (with the proof of 
an article on the "Wisconsin Decision" enclosed) has just 
been reached in the order of correspondence. And in 
reply I will say that Supt. Bateman's fourth conclusion 
impresses me as being eminently sensible and sound. The 
laAv of our state clothes school district boards with 
supreme poAver. They liaA'e the excli^siA-e authority to 
enact all x^egulations for the management of the schools, to 
prescribe the text-books that shall be used, and define the 



Upon Parents' Control of CMldren's Studies. 



course of study that shall be pursued. It seems very 
proper that school boards should have the power that is 
conferred and should exercise it, yet at the same time, 
pax-ents have rights which school boards are bound to 
respect. And this is one of them— the rig-ht to say what 
studies their children shall pursue, provided the selection 
made does not conflict with the g-radation and classifica- 
tion of the school, and they be studies in the prescribed 
course. There seems to be no justice in the stringent 
rule that is too frequently enforced that every pupil must 
study even) book in the prescribed course. For any reason- 
able exercise of this right of selection the child should 
not be shut out from school privileges by suspension or 
expulsion. Very respectfully yours, 

DANIEL B. BRIGGS. 

STATE OF INDIANA. 1 

DEPARTMENT OF PUBLIC INSTRUCTION, \ 

Office of Superintendent, \ 

Indianapolis, 5-24, 1875. J 
Editor "School Bulletin :" 

Sir :— Yours at hand. I cannot give an opinion concern- 
ing the "4th point," unless I can be permitted to place a 
specific interpretation upon the term "good faith," and 
unless I can determine the tribunal by Avhich the quality 
of the faith is to be tried. 

While it is true that in some cases children in our public 
schools ought to be excused from taking all the branches 
provided for in the prescribed course, I think it would be 
detrimental to the best interests of the schools to give to 
the parents the right to render peremptory judgement in 
the matter. 

Experience has shown me that in a majority of cases in 
which parents desire their childi-en to take a less number 
of branches than those usually required, the whims of 
the children are consulted and not their welfare. 

I would construct the proposition as f oUoavs : 

(4.) When parents desire their children to omit any of 
the regularly prescribed branches of study, and shall state 
the reasons thei'efor to the school directors, they shall 
permit such omission if in their judgment the best inter- 
ests of the children will be promoted thereby. 
Very truly youi'S, 

J. H. SMART, Supt. Pub. Inst. 

STATE OF IOWA. ) 

DEPARTMENT OF PUBLIC INSTRUCTION, r 

Des Moines, May 20, 18T5. ) 

The "School Bulletin," Box 95, Albany, N. Y, : 

The following letter dated Feb. 11, 18T5, copied from 
the Opinion Book of this Department, will, I presume, 
answer your inquiry of the 17th inst. : 

"Boards of Directors are empowered by virtue of the 
general supervisoi'y and discretionary powers with which 



they are invested, and of the authority to establish graded 
schools by the provisions of sections 1,726 & 1,806. S. L. 1874, 
to prescribe courses of study and branches to be taught in 
the schools of their district. 

The teacher, principal or superintendent, under the 
direction of the board, determines the studies to be pur- 
sued by each pupil. (See see. 1,734, S. L. Ib74; and notes.") 
Yours truly, 

ALONZO ABERNETHY, 

Supt. Pub. Inst. 

STATE OF ILLINOIS. ) 

DEPARTMENT OF PUBLIC INSTRUCTION, > 

Springfield, May 24th, 1875. ) 
The "School Bulletin," Albany, N. Y. : 

Your favor of the 17th inst., asking opinion of Dr. 
Bateman's fourth conclusion, concerning the right of 
parents to select from the prescribed course such studies 
as their children shall pursue, is received. 

In reply, I have the honor to say : The fourth conclu- 
sion, with the qualification, "It the objection is made in 
good faith," appears to me eminently right, for many very 
substantial reasons, in addition to those so forcibly ad- 
duced by my predecessor, in the Tenth Biennial Report 
from this Department. One additional reason, I wiU 
briefly mention. 

Let it be once established that the parent may not, 
under any circumstances, select from the prescribed 
course such part of it as the child shall pursue, the last 
remaining vestige of any right to dii-ectthe education of 
his child, in the public schools, is taken away from him, 
and turned over to the state. The qualifications of school 
oificers who prepare the courses of study, and the knowl- 
edge of many of the teachers who apply them, are not 
such as to make this condition of things desirable, 

The "Bulletin" is received regularly, and read with 
interest. Very respectfully, 

S. M. ETTER, Supt. Pub. Inst. 

OFFICE OF THE STATE SUPERINTENDENT, ) 
Nashville, Tenn., May 19th, 1875. f 

To the "School Bulletin :" 

Your favor of May 17, addressed to my worthy prede- 
cessor, I have not deemed proper to direct to him, as he 
has retired from the position of State Superintendent. If 
my opinion is deemed desirable, I will say that questions 
of abstract right seldom meet an issue of this kind fairly 
and impartially. There is 1st, the rights of parents ; 2d, 
the rights of school authorities, and 3d, public policy, to 
be considered. The parent, as the natural guardian, has 
the right to select for the child. The school authorities 
have the legal right to manage the government and pre- 
scribe the cuiTiculum of the school. If they come in con- 



flict, the school authorities have to consider whether the 
parent's demand will atfect the general discipline and 
nullify the regulations of the school. If the demand can 
be complied with without such material injury, it should 
be done, as the pupil has the right to the benefits of the 
school; and this should be determined in a spiritof accom- 
modation. In general, it may be said that a demand of 
this kind will inflict serious injury onlj^ on the pupil whose 
parent insists on leaving out a particular study, and there- 
fore his request may be passed over as not interfering 
Avith the general discipline and government of the school. 
If the demand of the parent clearly interferes with school 
government, it should be rejected. 
Very respectfully, 

LEON TROUSDALE, State Supt. 

STATE OE MINNESOTA. ) 

Office of Supt. of Public Instruction, > 
St. Puul, June 3, 1875. ) 
" School Bulletin," P. O. Box 95, Albany, N. Y. : 

Dear Sir : In reply to yours of May 17th, addressed to 
my predecessor, I will say that the school laws and the 
public sentiment of Minnesota Avill not tolerate anything 
more stringent than Mr. Bateman's fourth decision. It 
recognizes the rights and responsibilities of parents and 
accords with good sense. 

Respectfully yours, 

D. BURT, Supt. Pub. Inst., 

State of Minnesota. 



XII. Pupils Suspended or Expelled^ (Page 12.) 



Avon, March 18, 1875. 

Dear Sir. — Agi'eeable to request, I send you a brief 
synopsis of what occurred here last winter. Previous to 
opening our school, at the commencement of our school 
year of 1873-4, our Board of Education, at the request of 
the Principal, passed a certain set of rules and regulations 
bj' which the teachers and pupils were to be governed, (of 
Avhich I fui'nish you a copy.) A large number of the pupils 
in the Academic and Intermediate Departments declared 
publicly that they would not observe or be governed by 
said rules, and, in connection with some of their parents, 
thought the Board had no authority to pass them. And 
they also declared that no Principal could enforce the 
same, or remain in the school if he attempted to. In a few 
Aveeks three of the larger boys came in late one afternoon, 
and somewhat intoxicated, for the express purpose of 
testing matters, aistui-bing the quiet of the school hy their 
general condition and iingentlemanly conduct. The Prin- 
cipal, thinking perhaps, there might be trouble ahead, 
sent for the Board, who came and requested said pupils to 
leave, but were insulted and abused by the leader, al- 
though they left without any foi'ce being used. In the 
evening, at a Board meeting, they were expelled, after- 
Avards prosecuted and fined $35 each for disturbing the 
school. A short time after, three more were suspended 
by the Principal for a violation of Regulation No. 8, and 
other petty annoyances, at about 11 A. M. They returned 
in the afternoon without conforming to the requirements 
of their suspension papers given by the Principal, who 
informed them that they could not recite in their classes, 
and that they were not members of the school. 

When the classes were called they took their places as 
usual, but were ordered to take their seats, Avhich they did 
not do. The classes were then sent to their seats without 
reciting and the Board sent for, who ordered the school to 
be dismissed for the afternoon. In the evening the Board 
met and expelled them. They came again in the morning 
and were notified of their expulsion and ordered to leave, 
but Avould not, taking their seats quietly however without 
saying a Avord. The Board was sent for, Avho told them 
that they were expelled, and asked them if they would 
leave quietly or be put out. They said, "We Avill not leaA^e 
until put out." Hence they were led out, making no re- 
sistance however. For Avhich ofl:ence they Avere prose- 
cuted and fined %2o each. 

The prosecution held that they had no right AvhateA'er in 
or about the school buildings after they Avere suspended, 
and that the Principal had a right to suspend them for a 
A iolation of orders, and that the harmony of the school 
Avas disturbed by their coming there upon being suspend- 
ed, A jury trial Avas granted. 

Yours, &c., 

E. GRAVES, M. D., 
Principal of Graded School. 



At the urgent request of many school-officers, we have 
prepared the blank for Teachei's' Contracts shown upon 
the two following- pag-es. Written contracts are legally 
required in Michigan, Wisconsin, Iowa, Missouri, Kansas, 
Nebraska, Virginia and other States, and are invariably 
recommended by school officials. From the many letters 
received as to the desirableness of preparing such a blank 
and as to its form, we present the f olloAving as indicative 
of the general feeling upon the subject. 



STATE OF NEW YOEK, 1 

Department of Public Instruction, [ 

Superintendent's Office. ,' 

Albany, Jan. 18, 18T5. I 

The " School Bulletin :" 

I think that a form more simple than the one you refer 
to in the Code might be made. Anj^ good lawyer accus- 
tomed to drawing contracts could undoubtedly make 
some good suggestions. 
Yours, &c., 

NEIL GILMOUR, State Supt. 

STATE NORMAL AND TRAINING SCHOOL, { 
Oswego, N. Y., Jan. 13, 1875. ) 
Dear Sir :— I always think the the simplest forms the 
best. Yours truly, 

E. A. SHELDON. 

STATE NORMAL SCHOOL, I 

Geneseo, N. Y., Feb. 11, 1875. f 
Editor " School Bulletin :" 

Sir:— Some days ago I received from you a letter of 
inquiry concerning a form of contract for teachers and 
trustees. I looked into the matter at the time I received 
your letter, but neglected to replJ^ My own judgment is 
that you would do good service to teachers and injure the 
practice of lawyers by such a paper as that proposed. I 
heartily approve the plan and I am sure it will meet with 
universal acceptance. The form in the Code seems to me 
to be very good- However it does not entirely answer the 
purpose in its present form, inasmuch as contracts are 
frequently made bj^ the day and no pay allowed for holi- 
days. If it could be so modified that the engagement 
might be made for the day, week or month, with or with- 
out pay for holidays, I think it Avould be as good as any 
form I can think of. 

Yours trulj^ 

WM. J. MILNE. 



Tectcher''s Goritract, (Page 6.) 



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TOPICAL INDEX. 



PAGE 

LEGAL QUALIFICATION 1 

GKANTING of LIC"^,NSE8. 

Normal SchoCx Diplomas 1 

State Certificates 2 

Superintendent's Licenses 2 

City Licenses 2 

Commissioner's Certificates 3 

Moral Character 3 

Scholarsliip 3 

Ability to Teach 4 

Annulment of Licenses 4 

Charges against Moral Character 4 

Deficiency iu Learning or Ability 4 

TEACHERS' CONTRACTS 5 

Making of Contracts 5, XII— XV 

rreiequisites 5 

Legal Qualification 5 

No near relation to Trustee 6 

Number of Trustees 6 

Conditions of Contracts 7 

Duration ; 7 

During Satisfaction 7 

By Months, Weeks or Days 7 

Holiclaj's 7 

Teachers' Institutes 8 

The Teacher's Duties 8 

To Iveep Succerisful School 8 

To Iceep Every School Day 8 

To fill School Register 8 

Amount and Times of Payment 9 

Annulment of Contracts , 9 

I'or Closing School 9 

For Annulling of Certificate 9 

For Incompetence or Immorality 9 

THE TEACHERS' AUTHORITY 10 

As Agent of the Trustees 10 

Hours of School 10 

Course of Study 10 

The Wisconsin Decifion 11, 1— XI 

Text Boolvs 11 

Rules and Regulations 11 

Expulsion 12, XII 

As Related to that of Parents 12 

Not Derived from Parents 13 

School-house the School-master's Castle 13 

Pupils Going To and Returning From School — 14 

Corporal Punishment 16 

The General Law .17 

New York Decisions , 18 

No Sanction but Usage 18 

Preferable to Expulsion 18 

Illustrations of Test Cases 19 

Rachel Pendergrass 19 

Unusual Punishment for Unusual Conduct 20 

A Teacher Severe and Unreasonable 20 

In Loco Parentis 21 

Tendency to Limit the Teachers Responsibility 21 

A True Teacher 23 



What is said of the School Eulletin, Vol. I. 



I consider the County Items alone worth many 
times the price of subscription. — Prof. J. IT. Cocague, 
Johnson College, Quinoi/, III. 

We advise every teacher to take the School Bul- 
letin. The articles have edge and a certain steel-like 
vigor. — Chmnherlain Institute Journal. 

I look for it the first of the month and greet it as 
an old friend. Reading it is as good as attending an 
Institute. — Pi'incipal L. W. Lake, PatcJdn. 

I heartily congratulate you upon the success already 
achieved. The news columns I have never seen so 
full and perfect. — J. Porman Steele, Elmira. 

The Bulletin supplies a want that teachers have 
long felt. It is 'practical. We have had too many 
theories of teaching and not a sufficient exposition of 
results. — Principal E. R. Adams, Carthage. 

I value the Bulletin ve^y highly :^r its news and 
for its independence. It is always very welcome here 
and I am glad to see it prospering. — A. B. WatMns, 
Ph. D. , Principal Hungerfoi'd Collegiate Institute. 

That racy, spicy Bulletin has put in an appearance 
again. I am beginning to wonder how we ever got 
alqng without it. It is already a necessity to every 
teacher. — Revi. A, Mattice, Principal Fort Plain Sem- 
inary. 

You are making your journal spicy, readable, and 
very valuable as an educational newspaper. It is cer- 
tainly very well edited and far ahead of anything of 
the kind in the State.— f/erome Alle7i, Geneseo Normal 
School. 

From a Prominent Institute Instructor. — I confess 
that I am -surprised at the excellence of your paper. 
Taking its scope, variety, news, spice and tone, it is 
for the common school teachers of our State the best 
paper we have ever had. It will interest and instruct. 
It is cheap; therefore they will take it. — Charles T. 
Pooler. 



What is said of the School Bulletin, Vol. I. 



I. like your paper much. Enclosed find , for 

which please send the Bulletin one year, as follows. 
— W. L. Baker, Scho:)! Commissioner 2d District, Ot- 
sego Co. 

The School Bulletin I like. Of the copies sent 
me I have mailed three to principals of large graded 
schools. Enclosed I send one dollar for the Bulletin, 
and will bring its claims before the Institute beginning 
May 17th.- — Joseph H. Palmer, Commissioner Ist 
District, Westchester County. 

Finding the tone of the Bulletin spirited in edu- 
cational interests, I take pleasure in recommending it 

to teachers in my district. Inclosed find for 

which you will add to your subscription list for one 
year the following names. — Isaac JelUff, School Com- 
missiomr, 2d District, Sullivan Co. 

Enclosed find , for which please send the Bul- 
letin one year to the following persons : * * * (His 
fourth list. ) It gives good satisfaction. The only 
complaint I hear is that, like every other good thiag, 
it doesn't last long enough. — W. D. Leiois, School 
Commsssioner, 1st District, Lewis Co. 

I hereby send you a specimen copy of the School 
Bulletin, in hopes that you will subscribe for it im- 
mediately, by sending one dollar to your Commission- 
er, or to E P. Howe, of Syracuse, and a receipt for 
the paper for one year will be forwarded to your ad- 
dress. — Sent with a copy of the Bulletin to every 
teacher in his District, hy J. W. Hooper, School Com- 
missioner, 2d District, Onondaga Co. 

We have received Nos. 5, 6, 7 and 8 of the Bulle- 
tin, and shall be greatly obliged to you for Nos. 1, 2, 
3 and 4. We are anxious to have our files comnlete 
for binding. We have been subscribers to the iV. Y, 
State Educational Journal from its commencement, 
and desire to continue as such under the consolida- 
tion. — S. B. Woolyoortli, Secretary of the Regents of 
the University. 






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